Alex Enumah in Abuja

A Federal High Court in Abuja, yesterday, turned down the request of the Nigerian National Petroleum Company Limited (NNPCL) to strike out a N100 billion suit instituted by Dangote Refinery and Petrochemicals, against the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) and seven others.

The suit was in relation to the issuance of licence for the importation of petroleum products to NNPCL, Matrix Petroleum Services Limited, A. A. Rano Limited, and four other companies.

The plaintiff is asking the court to void the import licences issued to the affected oil companies because it is already producing the imported petroleum products without shortfalls.

Dangote Refinery in the suit marked: FHC/ABJ/CS/1324/2024, is also seeking the sum of N100 billion as damages against NMDPRA, for allegedly continuing to issue import licenses to NNPCL, Matrix, and other companies for importing petroleum products such as Automotive Gas Oil (AGO) and Jet Fuel (aviation turbine fuel) into Nigeria, “despite the production of AGO and Jet-A1 that exceeds the current daily consumption of petroleum products in Nigeria by the Dangote Refinery.”

Other defendants in the suit are NMDPRA, Aym Shafa Limited, T. Time Petroleum Limited, and 2015 Petroleum Limited.

The plaintiff in its originating summons dated September 6, 2024, through its lawyer, Ogwu James Onoja, SAN, asked the court to declare that NMDPRA is violating Sections 317(8) and (9) of the Petroleum Industry Act by issuing licenses for the importation of petroleum products.

Onoja stated that such licenses should only be issued in circumstances where there is petroleum product shortfall and urged the court to declare that the NMDPRA is in violation of its statutory responsibilities under the Petroleum Industry Act (PIA) for not encouraging local refineries such as Dangote Refinery.

However, NNPCL in a vehement objection against the suit demanded its outright dismissal on the ground that the court lacked jurisdiction to hear and determine the suit as constituted.

In the alternative, NNPCL asked Justice Inyang Edem Ekwo to remove its name from the suit on various grounds.

Among others, NNPCL claimed its real name is Nigerian National Petroleum Company Limited and not Nigerian National Petroleum Corporation Limited as put in the suit by Dangote Refinery.

Besides, NNPCL claimed that the suit was premature at the time it was filed and that it disclosed no reasonable cause of action for the court to dabble into.

However, Justice Ekwo, in his ruling disagreed with NNPCL, stating that a mere error in the spelling of its name cannot cause any doubt about its identity.

The court subsequently ordered that Dangote refinery represented by Ibrahim George, SAN should amend its originating summons to reflect the correct name of the entity.

Meanwhile the matter has been fixed for May 6 for further mention.

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